The Department of Homeland Security SAFETY ACT Designation


K2 has received the SAFETY Act Designation for Single Purpose Explosives Detection Canine Handler Teams
December 18, 2017 The Technology consists of explosives detection canine teams comprised of one handler and one canine deployed to locate explosives in stationary objects such as vehicles, luggage, bags, and cargo at commercial and U.S. Government locations in the United States. The Technology includes hiring and vetting of personnel, and policies and procedure. This Developmental Testing and Evaluation Designation will expire on November 30, 2022.

K2 specializes in canine security screening services, with a focus in explosives detection in support of critical cargo, high profile events and facilities, and overseas facilities in areas of high threat or high risk. Visit DHS SAFETY Act page here

What is the SAFETY Act?

As part of the Homeland Security Act of 2002, Public Law 107-296, Congress enacted the SAFETY Act. The SAFETY Act provides incentives for the development and deployment of anti-terrorism technologies by creating a system of “risk management” and a system of “litigation management.” The purpose of the Act is to ensure that the threat of liability does not deter potential manufacturers or sellers of anti-terrorism technologies from developing, deploying, and commercializing technologies that could save lives. The Act thus creates certain liability limitations for “claims arising out of, relating to, or resulting from an act of terrorism” where qualified anti-terrorism technologies have been deployed.

What does the SAFETY Act Designation Mean for our Customers?

The SAFETY Act liability protections apply to a wide range of technologies, including: products, services, software and other forms of intellectual property that are designed or modified to identify, detect, deter, respond to, or otherwise mitigate the impact or harm arising from an Act of Terrorism. Protections apply only to claims arising out of, relating to, or resulting from an Act of Terrorism.

The SAFETY Act provides two levels of liability protections to help promote the creation, deployment and use of anti-terrorism technologies.

DESIGNATION:

The seller’s liability for products or services that are deemed Designated Technologies is limited to the amount of liability insurance that the Department of Homeland Security determines the seller must maintain. Designation can also be obtained for promising anti-terrorism technologies that are undergoing testing and evaluation (Developmental Testing and Evaluation Designations).

Designations and Developmental Testing and Evaluation Designations provide the following benefits to companies.

Liability = Insurance required by DHS
Exclusive action in Federal Court
No Joint and Several Liability for non-economic damages
No punitive or prejudgment interest
Recovery reduced by amounts from collateral sources

CERTIFICATION:

In addition to the benefits provided under Designation, Certification allows a seller of an anti-terrorism technology to assert the Government Contractor Defense for claims arising from acts of terrorism. Technologies that receive Certification will be placed on SAFETY Act Product List for Homeland Security.

The SAFETY Act site states, “DT&E Designations will include limitations on the use and deployment of the subject technology.” Is your venue covered?

Yes, your venue is covered. The limitations of any DT&E Designation are described in each respective “Exhibit A” attached to the SAFETY Act Award for each Technology. Our “Exhibit A” does not place any limitations on our coverage, deployments, nor our locations. Our full “Exhibit A” is available upon request.

Source (safetyact.gov; https://www.safetyact.gov/pages/homepages/SamsStaticPages.do?path=sams%5Cpages%5CBenefitsToYourCompany.html)

What is a Person-Borne Explosives Detection Dog or PB-EDD? Learn more.